Proceedings Involving Protective Orders Due to Family Violence
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A protective order is an order issued by a judge to prevent continuing acts of family violence. In such instances, an applicant can file a Temporary Ex-Parte Protective Order alongside an Application for Protective Order. The Temporary Order is granted almost immediately and is effective for 20 days. If granted, the Application for Protective Order lasts up to 2 years and can last up to 4 years. In order to get a final protective order, the Applicant must show evidence that violence has happened and is likely to happen in the future. Such evidence may include: (i) pictures of bruises or damage to property; (ii) police or medical reports; (iii) videos or text messages documenting abuse; (iv) witnesses who can testify to past abuse; and (v) show a pattern of past abuse or history. If a judge finds that there has been a history of domestic violence, the offender’s rights to custody and/or visitation will most certainly be adversely impacted.